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  This criminal petition is filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.) to quash the C.C.No.791 of 2017 on the file of the XVII Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections500 and 501 of Indian Penal Code (for short I.P.C.), on various grounds. Fact Respondent No.1 A.Ramakrishna Reddy is the complainant before the Magistrate, he is the MLA, Mangalagiri Constituency in Guntur District being the member of YSR Congress Party filed private complaint under Section 200 of Cr.P.C. against the petitioners for the offence punishable under Section 500 and 501 of I.P.C. alleging that he has been serving the poor and down trodden in his constituency and is well known for his loyalty to the YSR Congress Party and has been advancing the interests, policies and programmes of YSR Congress Party in his constituency and also in Andhra Pradesh as a MLA of YSR Congress Party and active party functionary, being aggrieved by t...

  COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY  which is popularly known as RAMNAD CASE . The landmark judgement of this case is delivered by the Privy Council stating that ,"Under Hindu Law clear proof of custom will outweigh the written text of the Hindu Law" FACT:         In nutshell , the Ramnad case is , The Zamindar of Ramnad ,had died without any legal heir. So, after his death ,his estate vested on his wife Rani Parvathavardhini. After the death of her husband, she adopted a son with the consent of her husband's sapindas but there was no authorization of adoption from her husband.When the Collector of Madura came to know about the death of Zamindar of Ramnad , he notified about the death of the Zamindar without any legal heir.So, Under British law , if any Zamindar died without any heirs, after the death of his wife the Zamindari would be seized by the government ,which is called as "The Doctrine of Lapse".But after the death of the Zamindar's...

  The accused appellant was tried by the Sessions Court, on charges under Section 307/34 of the Indian Penal Code, for attempt, with common intent along with the main accused Khilai, to murder the complainant and for instigating the said accused Khilai to fire at the complainant with a country made pistol, in furtherance of a common intent to kill the complainant. Fact In a nutshell, the case of the Prosecution is that, on 22 nd October, 1992 at about 11.00 a.m., there was a quarrel between the accused appellant and the complainant, in which the said accused Khilai intervened. The said accused Khilai who had joined the accused appellant and the complainant, took out a country made pistol from the pocket of his trousers, pointed it towards the complainant and fired at the instigation of the accused appellant, who urged the said accused Khilai to kill the complainant. The complainant, therefore, sustained injuries on his forehead near his eye and on his lips and shoulder with splinte...

INTRODUCTION  Negligence in its legal acceptance includes act of omissions as well as commission.1 Winfield defines ‘negligence’ as “breach of a legal duty to take care, which results in damage undesired by the defendant to the plaintiff.” Negligence as a tort is a breach of a duty caused by omission to do something which a reasonable man would do, or doing something which a prudent and a reasonable man would not do. The definition involves three constituents of negligence:  (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining of the former’s conduct within the scope of the duty;  (2) breach of the said duty, and (3) consequential damage.2 As per Moni v. State of Kerala3 “in the case of medical man, negligence means failure to act by the standards of reasonably competent medical men at the time. There may be one or more perfectly proper standard, then he is not negligent.” As per Poonam Verma v. Ashwin Patel the ...

Whether an Individual Citizen has any Right To Privacy under the Constitution?  Yes, there is right to privacy in constitution and it is a fundamental right of the citizens of India under Article 21 of the Constitution of India   Article 21 :  According to Article 216 of the Constitution of India protection of life and liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law.   The nature and scope- The expression “Personal liberty” in Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 197 .  Article 19 of the constitution of India is has follows protection of certain rights regarding freedom of speech, etc  (1) All citizens shall have the right –  a. to freedom of speech and expression;...

Privacy is a fundamental human right recognized in the UN Declaration of Human Rights, The international Covenant on civil and political rights and in many other international and regional treaties Privacy underpins Human dignity and other key values such as freedom of association and also freedom of speech. Whereas in the UK law the rights are protected by the Human Rights Act 1998…. Art. 8 – The right to respect to your family and private life, your home and your correspondence is one of the rights protected by the Human Rights Act.  In nutshell, the right to privacy must therefore be an evolving right. Griswold v. Connecticut17 pronouncement of the United States Supreme Court wherein the Right to Privacy was recognized as a penumbral extension of substantial fundamental rights embedded in the First, third, fourth, and Fifth Amendments, was incorporated, albeit to a limited extent, into the Indian Constitution in the second privacy case of Gobind v. State of M.P18, But the Indian...

   The Critical overview of State having the power to enforce linking  Aadhaar card with social medias is such as the personal information and privacy would allow the government to misuse the data and target the dissidents and organizations which may have been critical of it   Threat of information can be misused :  Section 2 of the AADHAAR ACT17 2016 provides certain definition. some of them can be noted at this first stage itself , while other definitions would be mentioned at the appropriate stages.  a) “AADHAAR NUMBER” means an identification number issued to an individual under sub-section 3 of section 3;  b) “AADHAAR NUMBER HOLDER” means an individual who has been issued an Aadhaar number under this act ;  Biometric Information deemed to be sensitive personal information – the biometric information collected and stored in electronic form, in accordance with this Act and Regulations made thereunder, shall be deemed to be “Electronic Record” a...

  Powers of the President The President of India is the head of the executive, legislature and judiciary of the country. Article 52 of the Constitution of India says that there should be a President of India. Article 53 says that all the executive powers of the Union shall be exercised by him either directly or through officers subordinate to him. The President of India is vested with the Executive, Legislative, Emergency, Diplomatic, Judicial and Military powers. Executive Powers All the executive powers of the Union shall be vested in him. These powers should be exercised by him in accordance with the Constitution of India. He appoints the Prime Minister and the Council of Ministers. He also appoints the judges of the Supreme Court and the High Courts in the states, besides appointing the Attorney General and Comptroller and auditor General of India. He is the authority who appoints Governors to the States and Commission for SC/STs. Legislative Powers He can dissolve ...

  Crime A Crime is an unlawful Act punished by the state or any lawful authority. A crime or an offence is an act which is harmful not only to the person but also to the community, society or state. Such acts are forbidden and punished by law. Every crime violates the law but every violation of the law does not commit a crime. Definition Blackstone defined crime as, “an act committed or omitted in violation of a public law either forbidding or commanding it”. Stages Of A Crime   If a person commits a crime voluntarily or after preparation the doing of it involves four different stages. 1)       The intention is the first stage of a crime.   2)       Preparation is the second stage of crime.     3)       The third stage is an attempt. It is direct movement of an Act towards execution of an Act after preparation of the plan.   4)      ...

  Crime A Crime is an unlawful Act punished by the state or any lawful authority. A crime or an offence is an act which is harmful not only to the person but also to the community, society or state. Such acts are forbidden and punished by law. Every crime violates the law but every violation of the law does not commit a crime. Definition Blackstone defined crime as, “an act committed or omitted in violation of a public law either forbidding or commanding it”. Elements of Crime Every country usually has its own set of codified laws describing various crimes and punishments. In India, this can be either the Indian Penal Code or any other special criminal laws. Regardless of which laws we refer to, there are always some elements of crime common to all of them. These elements generally constitute the backbone of every criminal case. The main criminal laws in India include the Indian Penal Code, Indian Evidence Act and Criminal Procedure Code. People often refer to these thr...

  DEFAMATION Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone’s reputation is defamation. A man’s reputation is treated as his property and such damage are punishable by law. The person who injures the reputation is called defamer and the person whose reputation is injured by the defamer is known as defamed. DEFINITION According to Winfield, “Defamation is the publication of a statement which tends to lower a person in the estimation right thinking members of society generally; or which tends to make them shun or avoid that person”. According to Section 499 of the Indian Penal Code, “Whoever by words, either spoken or intended to be read or by signs or by visible representations, makes or publishes any imputation concerning any pe...

  Defamation as a crime Under a criminal suit, intention to defame is necessary. The allegation should be made with malice intent to defame another or at least the knowledge that the publication is likely to defame another is essential. It has to be proved beyond reasonable doubt that the act was being done to lower the reputation of another.   Exceptions to section 499:   i.                      Attribution of any truth made for public good. Truth is seldom defense unless made for a public good. ii.                    Any opinion made in good faith regarding the conduct of a public servant in the discharge of his public functions. iii.                   Any opinion made in good faith res...

  EUTHANASIA AND ASSISTED SUICIDE: The term ‘ Euthanasia ’ is derived from the Greek words which literally means “ good death ” (Eu= Good; Thanatos = Death). The term was coined by the great historian Suetonius, who described the way King Augustus opted for quick, painful death without suffering.   According to Oxford English dictionary Euthanasia means, the painless killing of a patient suffering from an incurable and painful disease or a person who is in irreversible coma. Euthanasia is the act of deliberately ending someone ‘ s life to relieve their suffering. Euthanasia is generally defined as the act, undertaken only by a physician, that intentionally ends the life of a person at his or her request. The physician therefore administers the lethal substance. In physician-assisted suicide (pas) on the other hand, a person self-administers a lethal substance prescribed by a physician. Assisted suicide is to deliberately help or encourage someone to end their life. It ...